Title V Clean Air Act Proposed Interim Approval of Operating Permits Program; State of Delaware

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[AD-FRL-5300-5]

Title V Clean Air Act Proposed Interim Approval of Operating

Permits Program; State of Delaware

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed Interim Approval.

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SUMMARY: EPA is proposing interim approval of the operating permits

program submitted by the State of Delaware. This program was submitted

by the State for the purpose of complying with federal requirements

which mandate that states develop, and submit to EPA, programs for

issuing operating permits to all major stationary sources, and to

certain other sources.

DATES: Comments on this proposed action must be received in writing by

October 23, 1995.

ADDRESSES: Comments should be addressed to Robin M. Moran, (3AT23),

Air, Radiation and Toxics Division, U.S. Environmental Protection

Agency, Region III, 841 Chestnut Building, Philadelphia, PA 19107.

Copies of the State of Delaware's submittal and other supporting

information used in developing the proposed interim approval are

available for inspection during normal business hours at the following

location: Air, Radiation, and Toxics Division, U.S. Environmental

Protection Agency, Region III, 841 Chestnut Building, Philadelphia, PA

19107.

FOR FURTHER INFORMATION CONTACT: Robin M. Moran, (3AT23), Air,

Radiation and Toxics Division, U.S. Environmental Protection Agency,

Region III, 841 Chestnut Building, Philadelphia, PA 19107, (215) 597-

3023.

SUPPLEMENTARY INFORMATION:

I. Background

A. Introduction

As required under Title V of the Clean Air Act (CAA) as amended

(1990), EPA has promulgated rules which define the minimum elements of

an approvable state operating permits program and the corresponding

standards and procedures by which EPA will approve, oversee, and

withdraw approval of state operating permits programs (see 57 FR 32250,

July 21, 1992). These rules are codified at 40 Code of Federal

Regulations (CFR) Part 70. Title V requires states to develop, and

submit to EPA, programs for issuing these operating permits to all

major stationary sources and to certain other sources. Due to pending

litigation over several aspects of the Part 70 rule which was

promulgated on July 21, 1992, Part 70 is in the process of being

revised. When the final revisions to Part 70 are promulgated, the

requirements of the revised Part 70 will define EPA's criteria for the

minimum elements of an approvable state operating permits program and

the corresponding standards and procedures by which EPA will approve,

oversee, and withdraw approval of state operating permits program

submittals. Until the date which the revisions to Part 70 are

promulgated, the currently effective July 21, 1992 version of Part 70

shall be used as the basis for EPA review.

B. Federal Oversight and Sanctions

The CAA requires that states develop and submit these programs to

EPA by November 15, 1993, and that EPA act to approve or disapprove

each program within 1 year after receiving the submittal. EPA's program

review occurs pursuant to section 502 of the CAA and Part 70, which

together outline criteria for approval or disapproval. Where a program

substantially, but not fully, meets the requirements of Part 70, EPA

may grant the program interim approval for a period of up to 2 years.

If EPA has not fully approved a program by 2 years after the November

15, 1993 date, or by the end of an interim program, EPA must establish

and implement a federal operating permits program.

Following final interim approval, if the State fails to submit a

complete corrective program for full approval by 6 months before the

interim approval period expires, EPA would start an 18-month clock for

mandatory sanctions. If the State then failed to submit a complete

corrective program before the expiration of that 18-month period, EPA

would be required to apply one of the sanctions in section 179(b) of

the CAA. Such a sanction would remain in effect until EPA determined

that the State had corrected the deficiency by submitting a complete

corrective program. Moreover, if the Administrator found a lack of good

faith on the part of the State, both sanctions under section 179(b)

would apply after the expiration of the 18-month period until the

Administrator determined that the State had come into compliance. In

any case, if, six months after application of the first sanction, the

State still had not submitted a corrective program that EPA found

complete, a second sanction would be required.

If, following final interim approval, EPA were to disapprove the

State's complete corrective program, EPA would be required to apply one

of the section 179(b) sanctions on the date 18 months after the

effective date of the disapproval, unless prior to that date the State

had submitted a revised program and EPA had determined that this

program corrected the deficiencies that prompted the disapproval.

Moreover, if the Administrator found a lack of good faith on the part

of the State, both sanctions under section 179(b) would apply after the

expiration of the 18-month period until the Administrator determined

that the State had come into compliance. In all cases, if, six months

after EPA applied the first sanction, the State had not submitted a

revised program that EPA had determined corrected the deficiencies that

prompted

[[Page 48945]]

disapproval, a second sanction would be required.

In addition, discretionary sanctions may be applied where warranted

any time after the end of an interim approval period if the State has

not timely submitted a complete corrective program or EPA has

disapproved a submitted corrective program. Moreover, if EPA has not

granted full approval to a State program by the expiration of an

interim approval period, EPA must promulgate, administer and enforce a

federal operating permits program for the State upon the date the

interim approval period expires.

C. State of Delaware's Submittal

On November 15, 1993, the State of Delaware submitted an operating

permits program for review by EPA. The submittal was supplemented by

additional materials on November 22, 1993, and was found to be

administratively incomplete pursuant to 40 CFR 70.4(e)(1) on January

18, 1994. Additional materials were submitted on February 9, 1994, and

May 15, 1995. Based on additional information received in the May 15,

1995, submittal, EPA found the submittal to be administratively

complete on May 19, 1995. The State submitted supplemental information

on September 5, 1995. The submittal includes a letter from the

Secretary of the Department of Natural Resources and Environmental

Control requesting approval of the State's Title V program, a

description of the State's Title V program, permitting regulations, an

Attorney General's legal opinion, permitting program documentation, a

permit fee demonstration, a description of compliance tracking and

enforcement program, and provisions implementing the requirements of

other Titles of the CAA.

II. Summary and Analysis of the State of Delaware's Submittal

The analysis contained in this notice focuses on the major portions

of the State's operating permits program submittal, including

regulations and program implementation, variances, insignificant

activities, permit fee demonstration, and provisions implementing the

requirements of Titles III and IV of the CAA. Specifically, this notice

addresses the deficiencies in the State's submittal which will need to

be corrected prior to full approval by EPA. These deficiencies as well

as other issues related to the State's operating permit program are

discussed in detail in the Technical Support Document (TSD). The full

program submittal and the TSD are available for review as part of the

public docket. The docket may be viewed during regular business hours

at the EPA Region III office listed in the ADDRESSES section of this

notice.

A. Regulations and Program Implementation

The State of Delaware's operating permit program is primarily

defined by Regulation No. 30, ``Title V State Operating Permit

Program,'' which is part of the State of Delaware ``Regulations

Governing the Control of Air Pollutants.'' Provisions for enforcement

authority are located at 7 Del. C., Chapter 60. The following analysis

of the State's operating permit regulations corresponds directly with

the format and structure of Part 70.

Secs. 70.4 and 70.6 Permit Content. The State's regulations

substantially meet the requirements of 40 CFR 70.4 and 40 CFR 70.6 for

permit content. The following changes must be made to Regulation No. 30

in order to fully meet the requirements of 40 CFR 70.4 and 40 CFR 70.6:

1. Delaware must revise Regulation 30, Section 6(f) to address the

scope of the permit shield provision, consistent with Part 70, as

described below. The permit shield provision of 40 CFR 70.6(f)(1)

provides that the permitting authority may expressly include in a

permit a provision stating that compliance with the conditions of the

permit shall be deemed compliance with any applicable requirements as

of the date of permit issuance. Delaware's Regulation 30, Section 6(f)

provides that a source may request that the Department include in the

Part 70 permit a provision stating that compliance with the terms and

conditions of the permit shall constitute compliance with ``7 Del. C.,

Chapter 60, for the discharge of any air contaminant specifically

identified in the permit application as of the day of permit

issuance.'' The extent of the permit shield is inconsistent with Part

70 for the following reasons.

First, as written in Regulation 30, the permit shield would apply

to any air contaminant specifically identified in the permit

application as of the day of permit issuance, rather than any

applicable requirement of the final permit. Thus, the extent of the

permit shield is too broad, because a source may include provisions in

its permit application that are removed or made more stringent by the

permitting authority upon issuance of the final permit. Delaware must

revise Regulation 30 to make it clear that the permit shield applies to

any applicable requirement as of the date of permit issuance. Part

70.6(f)(1)(i) and (ii) also require, as a condition of granting a

permit shield, that the applicable requirements must be included and

specifically identified in the permit, or that the permitting authority

determines in writing that other requirements specifically identified

are not applicable to the source, and the permit includes a

determination or a concise summary thereof. Regulation 30 also must be

revised to include these provisions.

Second, the reference to ``7 Del. C., Chapter 60, for the discharge

of any air contaminant'' appears to extend the permit shield to any

requirement of the Delaware Water and Air Resources Act, which is

broader than ``any applicable requirement'' as defined by Part 70. The

definition of ``air contaminant'' in 7 Del. C., Chapter 60,

Sec. 6002(2), means ``particulate matter, dust, fumes, gas, mist, smoke

or vapor or any combination thereof, exclusive of uncombined water.''

For consistency with Part 70, Delaware must revise the reference to ``7

Del. C., Chapter 60, for the discharge of any air contaminant'' to

``any applicable requirement'' consistent with Sec. 70.6(f)(1).

Sec. 70.7 Permit Issuance, Renewal, Reopenings, and Revisions. The

State's regulations substantially meet the requirements of 40 CFR 70.7.

The following changes must be made to Regulation No. 30 in order to

fully meet the requirements of 40 CFR 70.7:

1. Delaware must revise Regulation 30, Section 7(d)(1)(v) to ensure

that any preconstruction review permit requirements that are

incorporated into a Title V permit through the administrative permit

amendment procedure have undergone the procedural requirements

specified in 40 CFR 70.7(d)(1)(v). This section provides that the State

may include as a change under an administrative permit amendment, the

incorporation of requirements from preconstruction review permits under

an EPA-approved program, provided that the program meets procedural

requirements for permit issuance, including public, EPA, and affected

State review, substantially equivalent to the Part 70 program

requirements that would apply to permit modifications, and contains

compliance requirements substantially equivalent to those contained in

Sec. 70.6. Delaware's Regulation 30, Section 7(d)(1)(v), allows that

the requirements from preconstruction review permits issued by the

Department under Parts C and D of the Act or permits issued under

Regulation No. 2 may be incorporated into the permit as an

administrative permit amendment, when such permits were issued

``meeting the public participation

[[Page 48946]]

provisions of Section 7(j)''. However, Delaware's regulations do not

require that a preconstruction permit must meet other procedural

requirements of permit issuance, including affected state and EPA

review, or that the permit contain compliance requirements

substantially equivalent to those contained in 40 CFR 70.6. The

anticipated future revisions to Part 70 may provide additional

flexibility for the process of incorporating preconstruction review

permits into a Title V operating permit.

2. Delaware must revise Regulation 30, Section 7(f)(4) to require

that permits for major sources with a remaining permit term of three

years or more shall be reopened for cause within 18 months after a new

applicable requirement is promulgated, consistent with 40 CFR 70.7(f).

Delaware's Regulation 30, Section 7(f)(4) requires permit reopening

within 18 months after promulgation of an applicable requirement, but

applies this provision to paragraph (1)(iii) only, which pertains to

new applicable requirements for affected sources under the acid rain

program. Section 7(f)(4) should refer to paragraph (1)(ii), which

pertains to major sources with a permit term of more than 3 years.

3. Delaware must revise Regulation 30, Section 7(j)(4) to require

that the Department shall give notice of any public hearing at least 30

days in advance of the hearing, consistent with 40 CFR 70.7(h)(4). As

currently written, Section 7(j)(4) provides that any public hearing

shall be held no earlier than the 31st day following publication of the

public notice. However, the public notice is not required to provide

notice that a hearing is scheduled; according to Section 7(j)(2), the

public notice must include the time and place of the hearing or a

statement of procedures to request a hearing. Section 7(j)(3) provides

that the Department shall hold a hearing if the Secretary receives a

meritorious request for a hearing within a reasonable time as stated in

the advertisement. Regulation 30 does not provide that the Department

shall give the public 30 days notice that a hearing will be held.

Sec. 70.11 Requirements for Enforcement Authority. The State's

statute substantially meets the requirements of 40 CFR 70.11 for

enforcement authority. The following changes must be made in order to

fully meet the requirements of 40 CFR 70.11:

1. Delaware must revise 7 Del. C., Chapter 60, Sec. 6013(b) to

provide that each day of violation shall be considered as a separate

violation. 40 CFR 70.11(a)(3)(iii) requires a penalty in a maximum

amount of not less than $10,000 per day per violation for any person

who knowingly makes a false material statement, representation or

certification in any form, in any notice or report required by a

permit, or who knowingly renders inaccurate any required monitoring

device or method. 7 Del. C., Chapter 60, Sec. 6013(b) provides, for

these types of violations, a criminal penalty of not less than $500 nor

more than $10,000, or by imprisonment for not more than 6 months, or

both. Section 6013(b) of the statute does not, however, provide that

each day of violation shall be considered as a separate violation.

B. Variances

Section 3(f) of Regulation 30 states that ``any determination by

the Secretary to not require a permit under 7 Del. C., Chapter 60,

Section 6003(e), or any variance granted by the Secretary under 7 Del.

C., Chapter 60, Section 6011, shall not apply to this rule until such

time as the exemption or variance is approved by the Administrator.''

EPA has no authority to approve provisions of State law that are

inconsistent with the CAA. EPA does not recognize the ability of a

permitting authority to grant relief from the duty to comply with a

federally enforceable Part 70 permit, except where such relief is

granted through procedures allowed by Part 70. EPA reserves the right

to enforce the terms of the Part 70 permit where the permitting

authority purports to grant relief from the duty to comply with a Part

70 permit in a manner inconsistent with Part 70 procedures.

C. Insignificant Activities

Appendix A of Regulation No. 30 contains a list of 33 insignificant

activities. Appendix A provides that any information required by the

permit application need not be submitted for these insignificant

activities; however, the source must provide a list of any activities

that are excluded from the permit application because of size, emission

rate, or production rate. Section 5(c) requires that an application may

not omit information needed to determine the applicability of, or to

impose, any applicable requirement, including those that become

applicable after the effective date of this regulation. Section 5(c)

also requires that emissions from the insignificant activities shall be

included when determining whether a source is subject to Regulation No.

30, or when determining the applicability of any applicable

requirement.

D. Permit Fee Demonstration

7 Del. C., Chapter 60, section 6097 requires owners or operators of

sources subject to Title V to pay annual fees to be used solely to

carry out Title V activities. The statute establishes 13 fee

categories, each category is defined by progressively increasing

emission ranges. As stated in a May 15, 1995 letter from the Secretary

of DNREC, the State's fee calculation, based on 1990 emissions

inventory data, demonstrates that approximately $2.15 million will be

raised through the fee program. The State believes that revenues will

be able to cover the estimated costs of the program. The State

estimates that total emissions from Title V facilities applicable to

the fees is 59,656 tons per year. Therefore, the average fee is

estimated at $36.00 per ton for calendar year 1995, which is above the

presumptive minimum of $25.00 per ton based on 1989 dollars.

E. Provisions Implementing the Requirements of Title III

Implementing Title III Standards through Title V Permits. Under 7

Del. C., Chapter 60, Sec. 6003, and Regulation No. 30, Section 3(a) and

6(a), the State of Delaware has demonstrated in its Title V program

submittal broad legal authority to incorporate into permits and enforce

all applicable requirements. In its November 15, 1993, submittal,

Delaware agreed to ``expeditiously adopt any new authority needed to

implement future applicable requirements. This will include

requirements promulgated under Section 112 of [the Act].'' This

commitment is stated in the narrative description of Delaware's

program, Section VIII (Other Provisions of the Act - Toxics and

Enhanced Monitoring). EPA has determined that this commitment, in

conjunction with the State of Delaware's broad statutory authority,

adequately assures compliance with all the CAA's section 112

requirements. EPA regards this commitment as an acknowledgement by the

State of Delaware of its obligation to obtain further legal authority

as needed to issue permits that assure compliance with the CAA's

section 112 applicable requirements. This commitment does not

substitute for compliance with Part 70 requirements that must be met at

the time of program approval.

EPA interprets the above legal authority and commitment to mean

that the State of Delaware will be able to carry out all of the CAA's

section 112 activities. For further rationale on this interpretation,

please refer to the TSD accompanying this rulemaking which is located

in the public docket and the April 13, 1993 guidance memorandum titled

``Title V Program Approval Criteria for Section 112 Activities,''

[[Page 48947]]

signed by John Seitz, Director, Office of Air Quality Planning and

Standards, Office of Air and Radiation, USEPA.

Implementation of 112(g) Upon Program Approval. EPA is proposing to

approve the State of Delaware's operating permits program for the

purpose of implementing section 112(g) during the transition period

between federal promulgation of a section 112(g) rule and State

adoption of 112(g) implementing regulations. EPA had until recently

interpreted the CAA to require sources to comply with section 112(g)

beginning on the date of approval of the Title V program regardless of

whether EPA had completed its section 112(g) rulemaking. EPA has since

revised this interpretation of the CAA as described in a February 14,

1995 Federal Register notice (see 60 FR 83333). The revised

interpretation postpones the effective date of section 112(g) until

after EPA has promulgated a rule addressing that provision. The

rationale for the revised interpretation is set forth in detail in the

February 14, 1995 interpretive notice.

The section 112(g) interpretive notice explains that EPA is still

considering whether the effective date of section 112(g) should be

delayed beyond the date of promulgation of the federal rule to allow

states time to adopt rules implementing the federal rule, and that EPA

will provide for any such additional delay in the final section 112(g)

rulemaking. Unless and until EPA provides for such an additional

postponement of section 112(g), the State must be able to implement

section 112(g) during the transition period between promulgation of the

federal section 112(g) rule and adoption of implementing State

regulations.

EPA believes that, although the State currently lacks a program

designed specifically to implement section 112(g), the State's

Regulation No. 30 permit program will serve as an adequate

implementation vehicle during a transition period because it will allow

the State to select control measures that would meet Maximum Achievable

Control Technology (MACT) on a case-by-case basis, as defined in

section 112, and incorporate these measures into federally enforceable

source-specific permits. Section 112(g) requirements for case-by-case

MACT determinations are governed by the provisions of Section

5(a)(1)(iv) and the Section 2 definition of ``Applicable requirement''

(item 4). However, in accordance with the provisions of section 112(g),

the Section 5(a)(1)(iv) requirement to obtain an operating permit or

permit revision within twelve (12) months after commencing operation

must instead be satisfied prior to construction during the transition

period.

This proposed approval clarifies that the operating permits program

is available as a mechanism to implement section 112(g) during the

transition period between promulgation of the section 112(g) rule and

adoption by the State of Delaware of rules established to implement

section 112(g). EPA is proposing to limit the duration of this approval

to an outer limit of 18 months following promulgation by EPA of the

section 112(g) rule. Comment is solicited on whether 18 months is an

appropriate period taking into consideration the State's procedures for

adoption of regulations.

However, since this proposed approval is for the single purpose of

providing a mechanism to implement section 112(g) during the transition

period, the approval itself will be without effect if EPA decides in

the final section 112(g) rule that sources are not subject to the

requirements of the rule until State regulations are adopted.

Although section 112(l) generally provides the authority for

approval of state air toxics programs, Title V and section 112(g)

provide authority for this limited approval because of the direct

linkage between implementation of section 112(g) and Title V.

If the State of Delaware does not wish to implement section 112(g)

through its Regulation No. 30 permit program and can demonstrate that

an alternative means of implementing section 112(g) exists during the

transition period, EPA may, in the final action approving the State of

Delaware's Part 70 program, approve the alternative instead.

Program for Straight Delegation of Section 112 Standards.

Requirements for approval, specified in 40 CFR 70.4(b), encompass

section 112(l)(5) requirements for approval of a program for delegation

of section 112 standards promulgated by EPA as they apply to Part 70

sources. Section 112(l)(5) requires that the state programs contain

adequate authorities, adequate resources for implementation, and an

expeditious compliance schedule, which are also requirements under Part

70. Therefore, EPA is also proposing to grant approval under section

112(l)(5) and 40 CFR 63.91 of the State of Delaware's program for

receiving delegation of section 112 standards that are unchanged from

the federal standards as promulgated. For EPA-promulgated rules which

are applicable to sources in the State, the State intends to request

delegation after adopting the rules. The details of this delegation

mechanism will be established prior to delegating any section 112

standards under the State's approved section 112(l) program for

straight delegation. This program applies to both existing and future

standards but is limited to sources covered by the Part 70 program.

F. Title IV Provisions/Commitments

As part of the program submittal, the State of Delaware committed

to submit all missing portions of the Title IV acid rain program by

January 1, 1995. Delaware did not meet the January 1, 1995 date for

submitting its Title IV program. EPA requested the State to submit a

revised commitment for submitting the Title IV acid rain program. On

September 5, 1995, the State submitted a letter committing to adopt and

submit to EPA their acid rain program by July 1, 1996.

III. Request for Public Comments

EPA is soliciting public comments on the issues discussed in this

notice or on other relevant matters. These comments will be considered

before taking final action. Interested parties may participate in this

federal rulemaking action by submitting written comments to the EPA

Regional office listed in the ADDRESSES section of this document.

Proposed Action

EPA is proposing to grant interim approval to the operating permits

program submitted by the State of Delaware on November 15, 1993, with

supplemental submittals on November 22, 1993, February 9, 1994, May 15,

1995, and September 5, 1995. The scope of the State's Part 70 program

applies to all Part 70 sources (``covered sources'' as defined in the

State's program) within the State, except for sources of air pollution

over which an Indian Tribe has jurisdiction. See, e.g., 59 FR 55813,

55815-18 (Nov. 9, 1994). The term ``Indian Tribe'' is defined under the

CAA as ``any Indian tribe, band, nation, or other organized group or

community, including any Alaska Native village, which is federally

recognized as eligible for the special programs and services provided

by the United States to Indians because of their status as Indians.''

See section 302(r) of the CAA; see also 59 FR 43956, 43962 (Aug. 25,

1994); 58 FR 54364 (Oct. 21, 1993). Prior to full approval by EPA, the

State must make the following changes:

1. Revise Regulation 30, Section 6(f), to be consistent with the

scope of the permit shield provision of 40 CFR 70.6(f)(1).

2. Revise Regulation 30, Section 7(d)(1)(v), to ensure that any

preconstruction review permit requirements that are incorporated into a

Title V permit through the

[[Page 48948]]

administrative permit amendment procedure meet the provisions of 40 CFR

70.7(d)(1)(v).

3. Revise Regulation 30, Section 7(f)(4) to require that permits

for major sources with a permit term of three years or more shall be

reopened for cause within 18 months after a new applicable requirement

is promulgated, consistent with 40 CFR 70.7(f).

4. Revise Regulation 30, Section 7(j)(4) to require that the

Department shall give notice of any public hearing at least 30 days in

advance of the hearing, consistent with 40 CFR 70.7(h)(4).

5. Revise the Delaware Water and Air Resources Act, 7 Del. C.,

Chapter 60, section 6013(b) to provide that each day of violation shall

be considered as a separate violation, consistent with 40 CFR 70.11.

This interim approval, which may not be renewed, extends for a

period of up to 2 years. During the interim approval period, Delaware

is protected from sanctions for failure to have a fully approved Title

V, Part 70 program, and EPA is not obligated to promulgate a federal

permits program in the State. Permits issued under a program with

interim approval have full standing with respect to Part 70, and the 1-

year time period for submittal of permit applications by subject

sources begins upon interim approval, as does the 3-year time period

for processing the initial permit applications.

Requirements for approval, specified in 40 CFR 70.4(b), encompass

the CAA's section 112(l)(5) requirements for approval of a program for

delegation of section 112 standards applicable to Part 70 sources as

promulgated by EPA. Section 112(l)(5) requires that the State's program

contain adequate authorities, adequate resources for implementation,

and an expeditious compliance schedule, which are also requirements

under Part 70.

Therefore, EPA is also proposing under section 112(l)(5) and 40 CFR

63.91 to grant approval of the State's program for receiving delegation

of section 112 standards that are unchanged from federal standards as

promulgated. This program for delegations only applies to sources

covered by the Part 70 program.

The Office of Management and Budget has exempted this action from

Executive Order 12866 review.

EPA's actions under section 502 of the Act do not create any new

requirements, but simply address operating permits programs submitted

to satisfy the requirements of 40 CFR part 70. Because this action to

propose interim approval of the State of Delaware's operating permits

program pursuant to Title V of the CAA and 40 CFR part 70 does not

impose any new requirements, it does not have a significant impact on a

substantial number of small entities.

List of Subjects in 40 CFR Part 70

Environmental protection, Administrative practice and procedure,

Air pollution control, Intergovernmental relations, Operating permits,

Reporting and recordkeeping requirements.

Authority: 42 U.S.C. 7401-7671q.

Dated: September 13, 1995.

Stanely L. Laskowski,

Acting Regional Administrator.

[FR Doc. 95-23435 Filed 9-20-95; 8:45 am]

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